Texas Statutes
Subchapter C. Powers and Duties
Section 8511.0321. Award of Certain Contracts

Text of section effective on April 01, 2023
Sec. 8511.0321. AWARD OF CERTAIN CONTRACTS. (a) Any construction, maintenance, operation, or repair contract, or contract for the purchase of material, equipment, or supplies, or any contract for services other than technical, scientific, legal, fiscal, or other professional services, which will require an estimated expenditure of more than $10,000, or is for a term of six months or more, shall be awarded to the lowest and best bidder.
(b) In the event of a catastrophe or calamity of any kind, the authority may award a contract necessary to protect and preserve the public health and welfare or the authority's property without using bidding procedures.
(c) The authority:
(1) shall publish notice:
(A) to bidders once each week for three consecutive weeks before the date set for awarding the contract; and
(B) in a newspaper having general circulation in the county or counties in which the contract is to be performed; and
(2) may publish notice in any other appropriate publication.
(d) The notice is sufficient if it states the time and place when and where the bids will be opened, the general nature of the work to be done, or the material, equipment, or supplies to be purchased, or the nonprofessional services to be rendered, and states the terms upon which copies of the plans, specifications, or other pertinent information may be obtained.
(e) A person who desires to bid on the construction of any advertised work shall, on written application to the authority, be provided a copy of the plans and specifications or other engineering and architectural documents showing all of the details of the work to be done. A charge may be made to cover the cost of making the copy.
(f) A bid must be:
(1) in writing;
(2) sealed and delivered to the authority; and
(3) accompanied by a certified check drawn on a responsible bank in this state or, at the discretion of the authority, a bid bond from a company approved by the authority, in an amount equal to at least one percent of the total amount bid.
(g) The authority shall open bids at the place specified in the published notice and shall announce the bids. The place where the bids are opened and announced must be open to the public. The award of the contract shall be made by:
(1) the board; or
(2) the executive committee, if authorized by the board.
(h) The person with whom a contract is made shall provide the performance and payment bonds required by law.
(i) The amount of a check or bond provided under Subsection (f) is forfeited to the authority if the successful bidder fails or refuses to:
(1) enter into a proper contract; or
(2) provide a bond as required by law.
(j) The authority may reject any or all bids.
(k) The authority may waive any informality in the bids.
(l) This section does not prohibit the authority from taking the following actions by negotiated contract and without necessity for advertising for bids:
(1) purchasing or acquiring land or an interest in land from any person;
(2) acquiring, constructing, or improving pollution control or waste collection and disposal facilities in accordance with Chapter 30, Water Code, Chapter 383, Health and Safety Code, or other applicable statutes; or
(3) purchasing or acquiring surplus property from a governmental entity.
Added by Acts 2021, 87th Leg., R.S., Ch. 914 (H.B. 3530), Sec. 1.03, eff. April 1, 2023.